Confidential Information

Confidential Information Protection

In the UK, the law of confidential information is a right to enforce the secrecy of information which is confidential. Unlike other areas of intellectual property, information is not considered property in the legal sense. While information remains confidential, it is able to be protected – the law disregards the form of the information and focuses on whether or not the knowledge in question is secret.

The general law preventing breach of confidential information applies to recipients to maintain the secrecy automatically where the circumstances of the passing of the information is reasonably expected, regardless of form of communication. Obligations may also be agreed by contract, and regularly are, such as non-disclosure agreements with consultants, employees and channel partners.

Breach of Confidential Information

Those who disclose or use confidential information without authority are susceptible to court based relief and remedies, such as injunctions, claims for damages, profits which have been obtained by misuse and orders for delivery and/or destruction of the confidential information received.

Confidential Information may be relied on to protect business secrets and sensitive information in commercial contracts and under the general law such as:

• Commercial records, such as customer lists, price lists, sales information and commercial business plans and strategies;
• Marketing techniques and procedures;
• Databases, and technical data;
• Manufacturing techniques;
• Source code and algorithms;
• Personal information;
• customers and lists of customers; and
• Price lists and statistical data.

Confidential information and know-how are able to be licensed to others to facilitate further and alternative revenue streams for businesses. The law of confidential information can be applied to safeguard competitive advantages along with statutory intellectual property rights, some of which apply automatically when the work is created.

Confidential Communications Advice

Our solicitors provide legal advice on confidentiality of information and what is protectable as confidential information and/or trade secrets in English law. Our advice ranges through intellectual property and confidential information theft by employees and directors, white collar crime by employees and company officers, and framing confidentiality contracts and non-disclosure agreements which are fit for purpose.

In addition to this, we advise businesses on further legal rights and avenues which are available apply to protect secret company business information from unfair competition, unauthorised misuse and disclosure to third parties and what may be done where such activities have been discovered after the event. Our solicitors and lawyers have provided legal advice extensively in respect of:

1. theft of intellectual property, such as recovering source code from employees and consultants unlawfully copying data and software;
2. steps which may be taken to property secure confidential information so as to avoid unintentional loss of secrecy;
3. advising on what may be protected and what may not under the different heads of intellectual property protection;
4. advancing and defending against claims of misuse of confidential information by directors and employees, and third party receivers through intermediaries;
5. enhancing the rights granted by the general law to establish robust regimes to protect sensitive manufacturing processes and know-how;
6. springboard injunctions to prevent use of confidential information which has been obtained without permission and there is threat that it will be used or disclosed for receivers' own benefit.

Legal advice

Contact our business lawyers to find out more on how we are able to address breaches of confidential information, misuse of confidential communications, and unlawful disclosures.

London Business Solicitors & Lawyers

Our Solicitors in London assist businesses in the UK and internationally to create options, achieve realistic and attainable goals, and providing guidance to assist decision-making in a commercial context.

For more information, legal advice or to find out more about the legal services we provide, call 020 7353 1770 or contact us online.